Jane G. West and Ralph E. West v. Ruth Shizuko Tan, Individually and Doing Business as Banyan Inn

This is a diversity case to which the laws of Hawaii are applicable. The appellants, plaintiffs in the trial court, obtained a verdict for the appellant wife for damages resulting from an accident in which she was injured, and a verdict for the appellant husband for certain expenses incurred by him. The verdict for the husband depends upon the correctness of the decision for the wife. The trial judge granted a judgment notwithstanding the verdict, and the only question before us is whether this was error.

The facts that are material to the appeal are basically undisputed. We state them most favorably to appellant, but omit matters not directly pertinent to the issue to be decided. The appellants were vacationing in Hawaii, and on the night in question, accompanied by friends, they visited a restaurant known as the Banyan Inn, situated in the town of Lahaina on the Island of Maui, and owned and operated by appellee. The dining room area is covered, and is adjacent to an uncovered dance floor. The appellants were seated with friends at a table near the edge of the dance floor. Across this dance, floor and about 30 feet away was a bandstand, enclosed on the back and sides by walls…